LAWS(UTN)-2010-5-4

VINOD Vs. STATE OF UTTANCHAL

Decided On May 06, 2010
VINOD Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned coun-sel for the State.

(2.) By means of this petition, moved un-der Section 482 of Code of Criminal Proce-dure, 1973, the petitioner has sought quash-ing of the proceedings of criminal case No 1655 of 2004 State v. Vinod and others re-lating to offences punishable under Sections 323, 325, 506 of IPC, Police Station, Jwalapur, District Haridwar, pending in the Court of Chief Judicial Magistrate, Haridwar.

(3.) Learned counsel for the petitioner sub-mitted that, in respect oi'the incident dated 5.6.2004, a non-cognizable report was reg-istered by the Police Station Jwalapur, re-lating to offences punishable under Sections 323, 506 IPC against the petitioner Vinod and three others namely Mohit, Sandeep and Sanjay. It is argued on behalf of the petitioner that on a non-cognizable report, the police could not have investigated the matter, as such the charge-sheet filed in the case by the police is liable to be quashed,